OTP Weekly Briefing, 21-27 September 2010, Issue #56
Still no justice for victims of Guinea stadium massacre
By Polly Johnson
Impunity Watch Reporter, Africa
CONAKRY, Guinea – Families of the victims of the September 28, 2009 massacre in Conakry, in which junta troops murdered, raped, and tortured protesters at a political rally at Conakry’s biggest stadium, leaving one hundred and fifty seven dead, were unable to gather at the stadium to mark the one-year anniversary.
One year ago, thousands of peaceful protestors gathered at the Conakry stadium to protest the continued military rule of then-leader Captain Moussa Dadis Camara. Unable to suppress the rally, armed guards, anti-riot police, and militia in civilian clothes sealed the exits and opened fire on the protestors in the packed stadium. In addition to the murders, hundreds of women were raped at the stadium and others were detained for rape later. Protesters were illegally arrested and brutally tortured. In an attempt to hide the evidence, armed forces buried the bodies in mass graves.
Both the United Nations and the International Criminal Court deemed the crimes that occurred during the massacre as crimes against humanity.
The massacre stemmed from Guinea’s political structure. The army, which had at that time grown to a body of over thirty thousand men, ruled the country. In 2008, army captain Camara seized power and became leader of the military regime known as the Conseil National pour la Democratie et le Development (CNDD), which planned the attack in advance, according to HRW.
Camara was wounded in an assassination attempt last December and has been incapacitated since. General Sekouba Konate has been leading the transition until the election of a civilian president
Current presidential candidate Cellou Dalein Diallo said that if he were elected president, he would consider putting in place a Truth and Reconciliation Commission, “not necessarily to punish people but to condemn the really barbaric acts that were committed and which should be completely banned from our armed forces and the police.” Diallo was badly beaten himself in the massacre and treated for broken ribs.
The country has made important strides in the past year. The military is less visible. There are hopes that the October elections will bring democratic rule to the country.
But the perpetrators of the massacre are still free, and, according to HRW, the only way to break the cycle of impunity in Guinea is to bring the perpetrators to justice.
“While the mothers, fathers, spouses, and children of those murdered one year ago still grieve for their loved ones, the people who planned, perpetrated, and tried to cover up this atrocious act remain free men,” said senior West Africa researcher at HRW Corinne Dufka.
“The new government should waste no time in tackling the vicious cycle of violence and impunity that created the conditions for massacres like the one last year,” Dufka said. “Strengthening the judiciary and ensuring that those responsible for the 2009 violence are behind bars is a very good place to start.”
For more information, please see:
AFP – Guinea presidential hopeful seeks massacre truth commission – 28 September 2010
AFP – A year after Guinea massacre, culprits still free – 27 September 2010
Associated Press – Guinea massacre victims’ families unable to gather – 28 September 2010
BBC – Did Guinea democracy activists give their lives in vain? – 27 September 2010
Bloomberg – Guinea Failing to Prosecute Massacre Perpetrators, Human Rights Watch Says – 27 September 2010
Human Rights Watch – Guinea: One Year On, No Justice for Bloody Stadium Massacre – 27 September 2010
Poland Urged To Investigate Detainee’s Treatment In CIA Prison
By Christina Berger
Impunity Watch Reporter, Europe
WARSAW, Poland — The Open Society Justice Initiative urged Polish prosecutors last week to investigate the treatment of Abd al-Rahim al-Nashiri, the man accused of planning the 2000 attack on the USS Cole, at a CIA prison located in Poland. Amrit Singh, a senior legal officer with Open Society Justice Initiative, stated that al-Nashiri was the first CIA detainee to take legal action in Poland and expressed hope that Poland would launch a serious investigation into the treatment of detainees in their country in a continuing “quest for accountability.”
Al-Nashiri’s lawyers in Poland and the U.S. have made similar statements concerning their claim that Poland should do what they assert the U.S. refuses to. ”The American justice system has failed Mr. al-Nashiri,” said Nancy Hollander, al-Nashiri’s lawyer in the United States. ”The U.S. government has yet to provide any accountability for the illegal imprisonment or horrific torture to which U.S. agents have subjected him for almost a decade. Therefore, we are seeking to intervene in the investigation in Poland in the hopes that a court finally will recognize the injustice he has suffered.”
In response, the Polish government said that state prosecutors are already broadly investigating Poland’s possible role in the CIA’s global prison network. Jerzy Mierzewski, a prosecutor in Warsaw, stated that al-Nashiri’s petition does not necessarily require a separate investigation, but could be scrutinized as part of his office’s broader investigation.
Al-Nashiri claims he was imprisoned without a court proceeding, smuggled across borders, and then tortured in a manner violating the “most basic rules of the Geneva Convention.” He is still detained in Guantanamo today.
According to the AP, former U.S. intelligence officials speaking on the condition of anonymity have confirmed that al-Nashiri was taken to Poland’s CIA prison–code-named “Quartz”–before it was shut down in late 2003. Aleksander Kwasniewski, Poland’s president from 1995-2005, claims he was unaware of a CIA prison in Poland and Leszek Miller, Poland’s former prime minister, has denied that a CIA prison in Poland ever existed.
For more information, please see:
WARSAW BUSINESS JOURNAL — Prosecutors to investigate ‘CIA torture’ in Poland — 24 September 2010
AFP — USS Cole suspect wants probe of CIA sites in Poland — 22 September 2010
AP — Poles Urged to Probe CIA Prison Acts — 21 September 2010
VOICE OF AMERICA– Rights Group Seeks Polish Probe of CIA Detainee’s Treatment — 21 September 2010
New Peruvian Law Could Violate Human Rights
By Patrick Vanderpool
Impunity Watch Reporter, South America
LIMA, Peru – A plan by the Peruvian government to expand agriculture by diverting water from small villages near Machu Picchu to the Arequipa region of Peru is being met with staunch resistance.
In anticipation of the public outcry regarding this irrigation project, the Peruvian government recently passed a law allowing for the use of military force during times of civil unrest, including demonstrations. But many fear that protesters’ rights are in jeopardy because of the new law.
The law states that, should the military commit any illegal act in the process of its deployment; these will be dealt with in military courts, which are generally considered neither impartial nor independent.
This military court stipulation is contrary to international human rights law, which calls for human rights violations to be tried in civilian courts.
Just weeks ago, demonstrators clashed with police in the town of Espinar, leaving one person dead and forty-four additional people injured. The conflict began when Peruvians took to the streets to rally against the irrigation project, claiming that it would leave Espinar without water.
Guadalupe Marengo, Deputy Americas Director at Amnesty International, said that using the military during these protests could put the protesters at a real risk of acts of excessive force committed against them with impunity.
The city of Cuzco was recently shut down for 48-hours during a general strike to show support for the protestors in Espinar. The strike included transportation stoppages, a student walk-out of schools in the area, and additional clashes with armed Peruvian law enforcement officials. Although the military has not yet been deployed to quell the happenings in Cuzco, many fear that they soon will be and the results will be deadly.
Marengo also stated that “[p]ast use of the military for law enforcement purposes in Peru has resulted in grave human rights abuses, which to this day remain in impunity. It should be seriously reconsidered.”
The Peruvian government has gone ahead with the irrigation project despite two judicial rulings suspending the tender process and ordering an environmental impact assessment.
For more information, please see:
Bikyamasr- Risk of Rights Violations during Peru Water Protests – 26 September 2010
World War 4 Report – Peru: General Strike against Irrigation Project Shuts Down Cusco – 26 September 2010
Planetizen – Irrigation Project Spurs Protests in Peru – 22 September 2010
The New York Times – Clash over Peru Irrigation Project Kills One – 17 September 2010